Read the full judgment text of DCPI 1641/2006 on BabelCite. This District Court judgment was delivered on 11 November 2011 before 區域法院暫委法官黃若鋒.
Civil law – personal injury – workplace accident – pressing machine – employer's duty to provide safe system of work – breach – contributory negligence – apportionment – damages – scarring – psychiatric injury – schizophrenia – loss of earning capacity – mitigation – interest – costs – plaintiff acting in person. The plaintiff, a trainee with no relevant experience, joined the defendant's laundry business on 1 September 2003. On 23 October 2003, while loosening the strings of aprons awaiting pressing on a wooden platform placed between two pressing machines, the plaintiff's left hand extended toward the adjacent pressing machine, which was then pressed down by a colleague, crushing and burning the back of the plaintiff's left hand. Held, (1) the defendant employer is liable: the workplace was obviously dangerous, warnings to the plaintiff were sporadic, the plaintiff was not instructed to leave the area, and no evidence was led of proper training for the machine operator to ensure the machine was only pressed when safe to do so. (2) The plaintiff is 30% contributorily negligent: he chose to work on the platform for convenience rather than the designated wooden table, knew the machine was very hot, and had been warned not to approach the machine; however, the defendant gave only sporadic warnings and the work environment was inherently hazardous. (3) Damages assessed: pain, suffering and loss of amenities $320,000; pre-trial loss of earnings and MPF $89,600; loss of earning capacity $60,000; special damages $4,000; future medical expenses (laser treatment and creams) $41,600; total $515,200, reduced by 30% to $360,640 after deduction of $71,750 in employees' compensation already received. Interest at 2% per annum on general damages from the date of the statement of claim; interest at half the judgment rate on special damages from the date of accident. Interim costs order in the plaintiff's favor, to become absolute in 14 days if not varied. The court also found the plaintiff had failed to mitigate by delaying psychiatric treatment.
Legal issues: Employer's liability for workplace injury from pressing machine · Apportionment of contributory negligence · Assessment of damages
Outcome: Judgment for the plaintiff; the defendant is liable and the plaintiff is 30% contributorily negligent. Total damages of $515,200 are reduced to $360,640 after the 30% deduction and after deducting $71,750 in employees' compensation already received.
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